Especialización en Derecho de Familia
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Browsing Especialización en Derecho de Familia by Subject "Alimentos"
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Item Análisis jurisprudencial del derecho a la porción conyugal, los alimentos y la vocación hereditaria para los compañeros permanentes y parejas del mismo sexo(Universidad Santiago de Cali, 2019) Cerón Agredo, Víctor Andrés; Jaramillo Garcia, Gustavo AdolfoThe conjugal portion is a fraction of the estate of the deceased that the norms fix to the surviving spouse who does not possess what is necessary for their congrua subsistence. Being clear that the conjugal portion does not have the property, inheritance, donation or legacy, but corresponds to income or property belonging to the estate of the dead spouse that by law must be transferred to the surviving spouse to ensure their survival. In relation to the nature of the food obligation, the Constitutional Court has stated that the food obligation is an economic benefit of a civil nature that, by virtue of the principle of solidarity that governs relations between individuals, is between two natural persons. Regarding the hereditary vocation of the surviving companion in de facto unions made up of heterosexuals and same-sex couples, the Constitutional Court has stated that although the bond originated in the marriage and the one that arises from the marital union in fact are not equal , has also recognized that there is no constitutionally worthy reason that prevents extended to permanent partners certain rights or certain guarantees or obligations previously recognized by the legislator to the couple united through the marriage bond. Likewise, the Constitutional Court has provided protection to same-sex couples and has done so primarily on the basis of the rights, guarantees and obligations previously recognized by heterosexual couples who live together in a de facto union.Item ¿Qué garantías existen en la apertura del proceso penal por el delito de inasistencia alimentaria a los hijos para lograr el cumplimiento del deudor?(Universidad Santiago de Cali, 2019) Tello García, Maricel; Perea Bonilla, Hernel JhuleicerAll persons have the right to receive aliments, from the moment of their be born, they are creditor of this right by their parents and close relatives. The aliments are a set of goods to which certain people are entitled, among them we can specify the son, these are made up componen of education, recreation, health, housing, maintenance, etc. The sons are called to request them when necessary requirements that go according to the capacity and the need of the person; aliments are divided icongruos and necessary, the aliments can also be voluntary or legal. All persons refer to article 411 of the Civil Code are creditors of aliments, provided they meet the burden that corresponds to which them or is imposed by law. When the person obliged to pass it on to another aliments is does not from doing so with intent or guilt, there is in criminal law a typical and unlawful conduct that is called food absence enshrined in article 233 of the Criminal Code. Jurisprudence and doctrine have developed the components of the crime of aliments absenc alements in order to give clarity to the issue of guilt of conduct, not always those who escape from the food obligation must be deprived of liberty, for this they must comply minimum legal requirements established.